PROCOL HARUM's A Whiter Shade of Paleis supposedly the most frequently played song in public places in the UK. Yesterday five law lords were treated to the dissonant history of its swirling melodies and haunting organ chords.
It is believed to be the first time the House of Lords, the UK parliament’s upper house and the country’s highest court, has been asked to rule on the copyright of a rock tune, as lawyers for the organist Matthew Fisher (63) presented his belated claim for a share of the copyright.
A worldwide hit on release in 1967, A Whiter Shade of Palestayed at No 1 in the UK singles chart for six weeks. Radio play and its use in film soundtracks – most recently in The Boat that Rocked– have burnished its popularity. Earlier this month it topped a UK chart compiled by music licensing firm PPL of the most-played songs of the past 75 years in British public places. The surreal lyrics – including the line "one of 16 vestal virgins, who were leaving for the coast" – may have added to its lustre.
The substantial royalties earned over the past 42 years were not disclosed yesterday. A lower court, however, froze distribution of income from licensed performances when Fisher lodged his claim in 2005. He is not claiming royalties from before that.
The former organist, now a computer programmer, is fighting the case on a no-win, no-fee basis. He maintains he delayed bringing the action because he was repeatedly told he had no prospect of succeeding; a landmark judgment in a similar case in 2002 against Scottish pop band The Bluebells transformed legal opinion.
Before the hearing yesterday Fisher said: "I composed every note that I play on that album – that includes the [opening eight-bar] solo. I had bought an electric Hammond organ and put an advert in the Melody Maker.
“Hammond organs were like gold dust then. Procol Harum were one of the bands that contacted me. I played in some of their live concerts and eventually lent them the organ – but the band lost it.” Procol Harum’s unusual title derived from the name of a Burmese cat owned by a friend of a friend, he said. “But I don’t think they copied the name down correctly.”
The appeal court last year ruled that Fisher was entitled to authorship of the song but overturned a high court judgment that he is entitled to 40 per cent of the royalties. – ( Guardianservice)